Apex court refuses to lift ban on mining in Bageshwar distt

The Supreme Court on Thursday refused to interfere with a judicial order suspending all mining activities in Uttarakhand's Bageshwar district, citing alarming findings of environmental degradation and safety risks detailed in a report submitted by court commissioners.

- Utkarsh Anand

NEW DELHI:

A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and justices Sanjay Kumar and KV Viswanathan made it clear that it would not disturb the Uttarakhand high court's directions, calling the report "damning" and urging mining operators to approach the high court instead.

"This is serious. We are not going to interfere with this order," remarked the bench while declining relief to the mining companies challenging the high court's decision earlier this month. Senior advocate Dhruv Mehta, representing Katiyar Mining and Industrial Corporation, argued that the report was prepared by lawyers and not experts. However, the bench dismissed the contention, stating: "They may not be experts, but they have done a fairly good job."

Another senior advocate, Shyam Divan, appearing for a different mining company, pointed out that a similar matter was pending before the National Green Tribunal (NGT), which had set up its own committee to investigate. The court, however, reiterated that the petitioners should return to the high court, noting that the order was only interim in nature.

At this point, Mehta sought permission to withdraw the petition with liberty to approach the Supreme Court again, but the bench was firm in its stance. "No liberty," it stated. The court subsequently passed an order allowing the petition to be withdrawn, making it clear that it was "not inclined to entertain" the challenge against the high court's ruling.